Difference Between FMLA And SHORT TERM DISABILITY

FMLA stands for Family and Medical Leave Act while Short Term Disability means a period ranging from a few days to a few weeks during which a person is unable to attend to his work due to his own medical condition. However, in normal day to day usage the term refers to the Short Term Disability benefits that are provided to the employee.

FMLA is a federal act that was passed in 1993 and applies to the entire United States of America. This act provides an ‘eligible’ employee be entitled to a minimum of 12 weeks of unpaid leave due to Short Term Disability of self or a family member. This law, however, does not entitle the employee to any monetary benefits. The short Term Disability benefits, however, are a prerogative of the employer and not mandatory under any federal act. Some states, however, do provide for some basic benefits.

While claiming the Short Term Disability benefits from his own or the company’s insurance the employee may be reimbursed either full or part percentage of his income depending on the type of insurance plan. However, these plans cannot really guarantee that the employee’s job would stay unaffected. The FMLA guarantees that upon joining his work the employee is restored the same position. In case the same position is not available the employee may be provided another position equivalent in pay, benefits and responsibility. The FMLA also provides that the employee would continue all the health benefits provided by the employer during the leave period.

The FMLA only covers employers with 50 employees or more and public agencies, private elementary and secondary schools regardless of the number of employees. The Short Term Disability, however, may be subscribed to by any employer or even by employee of organization.

Summary
1.FMLA stands for Family and Medical Leave Act while Short Term Disability means a period ranging from a few days to a few weeks during which a person is unable to attend to his work due to his own medical condition.
2.FMLA is a federal act and is mandatory for all eligible employers to honor it while Short Term Disability is the employers decision and not mandatory.
3.While FMLA guarantees the employee unpaid leave of 12 weeks, the Short Term Disability provides the employee with financial compensation.
4.The FMLA includes guarantees the employee his job on return from leave the Short Term Disability benefits have no way of doing this.

so if i’m currently on fmla through my pregnancy for flare-ups due to pregnancy and approved appointments can i still take short-term disability after going on maternity leave ? do I have to use my vacation time for short term disability?

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Written by : N Amit.
and updated on November 20, 2009

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